Congress Tucking Co. v. Alton Dress & Waist Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Congress Tucking Company against the Alton Dress & Waist Company, Incorporated, and another. • Judgment for plaintiff, and defendant Alton Dress & Waist Company appeals. Reversed, and new trial ordered.
1Per curiam
This .action was brought-.to recover the sum of $47.05 against the defendant, as maker of a check. The check was made payable to the order of H. Wolfert & Co. ■ The fifth allegation of the complaint alleged that Wolfert- indorsed the check and for a valuable -consideration delivery to one Freed, and the sixth allegation in the complaint alleges delivery by Freed to the plaintiff. The answer denied the fifth paragraph of the complaint as to the indorsement and delivery of the check by Wolfert; and also the sixth as to the indorsement and delivery by Freed to the plaintiff. The only proof given…
2Cited by1 opinion
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